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Regular Session, 2012
HOUSE BILL NO. 19
BY REPRESENTATIVES HOFFMANN, HOLLIS, JOHNSON, JONES, LEGER, LIGI,
MONTOUCET, PEARSON, PRICE, REYNOLDS, AND THOMPSON
RETIREMENT/TEACHERS: Relative to the Teachers' Retirement System of La. (TRSL),
allows retirees rehired as substitute teachers to collect retirement benefits during
reemployment under certain circumstances
AN ACT1
To amend and reenact R.S. 11:710(A)(1), (B)(1)(a), (C)(2), and (D), to enact R.S.2
11:710(A)(5), and to repeal R.S. 11:710(H), relative to the Teachers' Retirement3
System of Louisiana; to allow certain retirees reemployed as substitute teachers to4
receive benefits during reemployment; to provide limitations; to provide for5
reporting to the system; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:710(A)(1), (B)(1)(a), (C)(2), and (D) are hereby amended and11
reenacted and R.S. 11:710(A)(5) is hereby enacted to read as follows: 12
§710. Employment of retirees13
A. For purposes of this Section, "retired teacher" shall mean any of the14
following:15
(1) A retired member who returns to active service covered by the provisions16
of this Chapter as a full-time or part-time classroom teacher who teaches any student17
in kindergarten through twelfth grade in a critical teacher shortage area. For18
purposes of this Paragraph, "critical shortage area" shall mean any subject area19 HLS 12RS-218 ENGROSSED
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where a shortage of certified teachers exists in that subject area, subject to the1
provisions of Subsection F of this Section. For purposes of this Paragraph Section,2
"classroom teacher" shall mean any employee, whose position of employment3
requires a valid Louisiana teaching certificate and who is assigned the professional4
activities of instructing pupils in courses in classroom situations for which daily5
pupil attendance figures for the school system are kept. Such classroom situations6
may include teaching in a school classroom or in other settings such as a home or7
hospital or other learning situations such as cocurricular activities, which instruction8
may be provided in person or through an approved medium such as television, radio,9
computer, Internet, multimedia telephone, and correspondence that is delivered10
inside or outside the classroom or in other teacher-student settings.11
* * *12
(5) A retired member who returns to active service covered by the provisions13
of this Chapter as a substitute classroom teacher who teaches any student in14
kindergarten through twelfth grade. For purposes of this Paragraph "substitute15
classroom teacher" shall mean a classroom teacher employed in a temporary capacity16
to fill the position of another classroom teacher who is unavailable to teach for any17
reason. Such substitute classroom teacher's earnings from his return to active service18
shall not exceed twenty-five percent of his benefit during any fiscal year. If actual19
earnings exceed this amount in any fiscal year, the benefits payable to the retiree20
shall be reduced by the amount in excess of twenty-five percent of his benefit.21
B.(1)(a) Any retired teacher who returns to active service covered by the22
provisions of this Chapter within the twelve-month period immediately following the23
effective date of such retirement shall have his retirement benefits suspended for the24
duration of such active service or the lapse of twelve months from the effective date25
of his retirement, whichever occurs first, even if such service is based on26
employment by contract or corporate contract. If a retired member returns to active27
service in a position qualifying him as a retired teacher under more than one28
provision of this Section providing for earnings limitations, the most restrictive29 HLS 12RS-218 ENGROSSED
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earnings limitation shall apply to the total earnings of the retired teacher for all such1
positions in a fiscal year.2
* * *3
C.4
* * *5
(2) Any retired member not considered a retired teacher as defined in6
Subsection A of this Section shall have his benefit suspended for the duration of his7
period of reemployment in such position even if such reemployment is based on8
employment by contract or corporate contract. Such member and his employer shall9
not make contributions to the system during such time, and he shall receive no10
additional service credit nor accrue any additional retirement benefits.11
* * *12
D. When any retiree returns to active service with an employer covered by13
the provisions of this Chapter, the employing agency shall, within thirty days14
thereafter, notify the board of trustees in writing of such employment, the date on15
which employment commenced, and a determination by the employer as to whether16
such person is a "retired teacher" pursuant to Subsection A of this Section. Upon17
termination, the agency shall provide the same notice. In addition, the employing18
agency shall also report to the retirement system, within forty-five days after June19
thirtieth of each year, the name of all persons being paid by the employing agency20
and all persons who received a benefit pursuant to the provisions of this Section,21
their along with such individuals' social security numbers, their positions, and the22
amount of their earnings during the previous fiscal year ending on June thirtieth of23
the reporting year. Additionally, the employing agency shall transmit a monthly24
contributions report pursuant to R.S. 11:888(A). Contribution reports shall include25
the salary paid to each individual identified as a retired teacher as defined in26
Subsection A of this Section. Should failure to give notice of return to active service27
or failure to report any other information required by this Section result in any28 HLS 12RS-218 ENGROSSED
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payment being made in violation of this Section, the employing agency shall be1
liable to the system for the repayment of such amounts.2
* * *3
Section 2. R.S. 11:710(H) is hereby repealed in its entirety.4
Section 3. The cost of this Act, if any, shall be funded with additional employer5
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.6
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hoffmann HB No. 19
Abstract: Authorizes a retired member of the Teachers' Retirement System of La. (TRSL)
to return to work as a substitute classroom teacher and continue to receive a
retirement benefit; limits amount earned from such reemployment to 25% of the
member's retirement benefit; provides relative to reporting requirements.
Present law prohibits any TRSL retiree other than a "retired teacher" from receiving a
retirement benefit while reemployed. Provides that anyone other than a "retired teacher"
shall have his benefit suspended during reemployment. Defines "retired teacher" as:
(1)Any retired member who returns to work full-time or part-time as a classroom
teacher offering instructional services to any student in grades K-12 in a "critical
shortage area".
(2)Any retired member who returns to active service as a full-time certified speech
therapist, speech pathologist, or audiologist whose position of employment requires
a valid La. ancillary certificate approved and issued by the state Dept. of Education
in a school district where a shortage exists.
(3)Any other retired member reemployed on or before June 30, 2010.
(4)Any retired member who retired between May 1, 2009, and June 30, 2010, who
returns to active service in a position requiring a valid La. teaching certificate or a
valid La. ancillary certificate.
Proposed law adds to the definition of "retired teacher", and therefore to the list of
reemployed retirees who may receive a benefit during reemployment, retirees who are
reemployed as substitute K-12 classroom teachers.
Proposed law provides that the earnings of any such substitute teacher shall not exceed 25%
of his retirement benefit in any fiscal year. If earnings exceed this amount, such substitute's
retirement benefit will be reduced by the amount in excess of the 25%.
Proposed law provides that the total earnings of any "retired teacher" upon whom proposed
law imposes an earnings limitation shall not exceed the most restrictive limit if such retired
teacher is reemployed in multiple positions subject to a limit. HLS 12RS-218 ENGROSSED
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Present law requires each employer to annually report to the system and to the House and
Senate committees on retirement the names, positions, and salaries of each person
reemployed by such employer as of Jan. 1, 2010, who was receiving a retirement benefit
pursuant to the provisions of present law.
Proposed law changes the date of such reporting to within 45 days after June 30. Removes
requirement for reporting to the House and Senate committees on retirement, and instead
requires such information to be reported to TRSL only. Additionally requires monthly
reporting by an employer of a rehired retiree's salary information.
Present law provides that if a failure by an employing agency to report on a reemployed
retiree causes any overpayment of benefits, the employer shall be liable to TRSL for
repayment of such overpayment.
Proposed law retains present law and provides further that the failure of the employing
agency to report to TRSL any information required by proposed law shall cause the
employer to be liable to TRSL for any overpayment of benefits.
Requires that any cost of proposed law be funded by additional employer contributions in
compliance with Art. X, §29(F) of the Constitution of La.
(Amends R.S. 11:710(A)(1), (B)(1)(a), (C)(2), and (D); Adds R.S. 11:710(A)(5); Repeals
R.S. 11:710(H))